Georgia

Georgia recognizes the four privacy torts.

Intrusion: An alleged trespass to collect information on irresponsible land use practices by a real estate development company was not done in furtherance of the right to free speech, so the state anti-SLAPP statute did not apply and the suit could go forward. Denton v. Browns Mill Development Co., Inc., 561 S.E.2d 431 (Ga. 2002).

Filming a prisoner was not intrusive when it was done from a public view. Cox Communications v. Lowe, 328 S.E.2d 384 (Ga. Ct. App.), cert denied, 474 U.S. 982 (1985).

Private Facts: A photo of an exotic dancer that mistakenly was used for an advertisement in a magazine was not private or embarrassing. Cabaniss v. Hipsley, 151 S.E.2d 496 (Ga. Ct. App. 1966).

A woman whose breast was photographed with her permission, but depicted anonymously, at a body piercing shop became involved in a dispute with the shop after an advertisement that included the photograph ran without the shop’s or the woman’s permission. The woman later sued a newspaper for publishing the photograph along with her name taken from court records as part of its coverage of the dispute. A conditional privilege protecting republication of the contents of court reports precluded the woman’s invasion of privacy claim against the newspaper. Munoz v. American Lawyer Media, 512 S.E.2d 347 (Ga. 1999).

False Light: A newspaper employee sued her employer for using a cartoon of her likeness as an illustration for an article on telemarketing. The court rejected her claims for libel and invasion of privacy, because the likeness was so exaggerated that it was “unrecognizable as a ‘real person’ and [did] not really reflect on any particular individual.” Collins v. Creative Loafing Savannah, Inc., 592 S.E.2d 170 (2003).

There was no false portrayal of a blind street musician when his photograph was used to illustrate a record album cover. Brown v. Capricorn Records Inc., 222 S.E.2d 618 (Ga. Ct. App. 1975).

Misappropriation: The misappropriation claim of a street musician whose photograph was used to illustrate a record album cover could go to a jury. Brown v. Capricorn Records Inc., 222 S.E.2d 618 (Ga. Ct. App. 1975).